Shield laws are crucial for protecting the freedom of the press and preserving the integrity of journalism. These laws ensure that journalists have the right to keep their sources confidential, and limit the government’s power to seize their data without their knowledge. However, despite the majority of states having their own shield laws, there is no federal law in place to protect journalists. And on Tuesday evening, a federal shield law known as the PRESS Act failed to pass the Senate, after being blocked by Senator Tom Cotton.
The PRESS Act, which was unanimously passed by the Republican-controlled House of Representatives in January, would have given journalists greater protection against government interference. It would have also made exceptions for cases involving terrorism and other emergencies. However, Senator Cotton, a Republican, blocked the bill’s passage, citing national security concerns.
In a speech, Cotton stated that passing the bill would turn the Senate into an “accomplice of deep-state leakers, traitors, and criminals.” He also criticized journalists, stating that a press badge does not make them better than the rest of America. However, Senator Ron Wyden, a Democrat, made a rebuttal, stating that the bill’s failure to pass was unfortunate and that it would have strengthened America’s freedom and democracy.
The failure of the PRESS Act to pass was met with disappointment by press freedom groups. Gabe Rottman, policy director at the Reporters Committee for Freedom of the Press, expressed his disappointment, stating that the bill had broad bipartisan support and that it was time to get it across the finish line.
The push to pass the PRESS Act intensified after President-elect Donald Trump’s election victory in November. Several press freedom groups aimed to get the bill passed before President Joe Biden took office. This was due to Trump’s previous threats to jail journalists who refused to reveal their sources and his call for Republicans to “kill this bill” in a post on Truth Social last month.
Now, the only way for the PRESS Act to pass the Senate is either by attaching it to a year-end spending bill or bringing it up for a stand-alone vote, according to the Freedom of the Press Foundation (FPF). FPF’s advocacy director Seth Stern emphasized the need for action, stating that Senate Democrats had all year to move the bipartisan bill, and time is running out. He also expressed hope that this was just a preview of more meaningful action to come.
The failure of the PRESS Act comes on the same day as a Justice Department report revealed that federal prosecutors ignored Department of Justice rules when they seized journalists’ phone records during a media leak investigation in the Trump administration. This further highlights the urgent need for a federal shield law to protect journalists from government overreach and maintain press freedom.
The PRESS Act may have failed to pass this time, but it is encouraging to see that there is bipartisan support for this bill. It is crucial to protect the freedom of the press and ensure that journalists can do their job without fear of government interference. As the FPF’s advocacy director stated, “We need more than speeches about the PRESS Act’s importance. We need action.” Let’s hope that the Senate takes meaningful action soon and passes the PRESS Act to protect the rights and freedom of journalists.
